PLJ 2010 Supreme Court 1046

OIL AND GAS DEVELOPMENT COMPANY, etc. V e r s u s NAZAR HUSSAIN and 2 others
Judge Name: Tassaduq Hussain Jillani and Mahmood Akhtar Shahid Siddiqui Judgment Result: Appeals dismissed Other Law Journal References: Constitution of Pakistan, 1973– —-art. 212–oil and Gas development corporation ordinance, 2001, s. 5–scope of–restoration to their original posts and respondents penalty of compulsory retirement was converted into a minor penalty of stoppage of two increments for a period of two years–charges of misconduct–committed theft of drill pipes joints various sizes–appeals were accepted by federal service tribunals–challenge to–remedy lay before federal service tribunal–question of–whether service regulations framed in 1994 under repeal of oil and Gas development corporation ordinance, 1961, were still is in vogue and has statutory force–corporation was converted into public limited company–repeal and promulgation of new ordinance–validity–no fresh regulations or service rules were enacted–s. 5 of oil & Gas development corporation ordinance, 2001, specifically provides that the officers, workmen or other employees of corporation on the incorporation of the company in terms of ordinance shall be deemed to be employees of the company and shall have same rights and privileges–employees of oil & Gas development company to be government under service regulations framed in 1994 unless of course they are varied and amended or repealed–despite specific query, appellants had not been able to point out the pecuniary loss suffered by company and it is not denied that alleged pipes were recovered and were restored to the company–held: neither raise any question of law of public importance within meaning of art. 212 of constitution nor they point out any illegality to warrant interference–appeals were dismissed.

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